Chapter 19.25
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES, HAM RADIO ANTENNAS AND SATELLITE DISHES
Sections:
19.25.020 Ham radio antennas and satellite dishes.
19.25.030 Exemptions from wireless facilities requirements.
19.25.050 Site selection criteria.
19.25.060 Priority of locations.
19.25.070 Siting requirements.
19.25.080 Required submittals.
19.25.130 Reporting requirements.
19.25.140 Landscaping and screening.
19.25.150 Nonuse and abandonment.
19.25.170 Eligible facilities requests.
19.25.010 Purpose.
(1) These standards were developed to protect the public health, safety, and welfare, to protect property values and to minimize visual impact while furthering the development of enhanced telecommunication services, ham radio antennas and satellite dishes in the city. The wireless communications facilities standards were designed to comply with the Telecommunications Act of 1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services.
(2) To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city.
(3) In reviewing any application to provide personal wireless service or to install personal wireless service facilities, the city shall act within a reasonable period of time, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 3, 1999).
19.25.020 Ham radio antennas and satellite dishes.
See “Bulk Modifications,” BMC 19.22.060. (Ord. 22-08 § 1 (Exh. A), 2008).
19.25.030 Exemptions from wireless facilities requirements.
The following are exempt from the provisions of the wireless facilities portion of this chapter:
(1) Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this chapter is maintained.
(2) A COW or other temporary personal wireless telecommunications facility shall be permitted during an emergency declared by the city.
(3) Emergency services’ telecommunication devices.
(4) Small wireless communications facilities subject to Chapter 19.25A BMC. (Ord. 11-19 § 4, 2019; Ord. 27-16 § 10, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 4, 1999. Formerly 19.25.020).
19.25.040 Policy statement.
The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: (1) enhance the ability of personal wireless service providers to provide such services throughout the city quickly, effectively, and efficiently; (2) encourage personal wireless service providers to locate towers and antennas in nonresidential areas; (3) encourage personal wireless service providers to collocate on new and existing tower sites; (4) encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; and (5) encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact.
All new antennas shall comply with this chapter after the date of passage of the ordinance codified in this chapter. All towers and antennas legally existing but not in compliance with these regulations as of the effective date of said ordinance shall be allowed to continue as they presently exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 5, 1999. Formerly 19.25.030).
19.25.050 Site selection criteria.
(1) Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the applicant’s local network.
(2) Applications for necessary permits will only be processed when the applicant demonstrates that it is FCC-licensed.
(3) In all zones where permitted, location and design of facilities shall consider the impacts of the facility on the surrounding neighborhood.
(4) Personal wireless service facilities are prohibited in all residential zones and within the historic-commercial design review district, as such district is described in BMC 19.50.060.
(5) Personal wireless service facilities shall not be located to block any existing and future view of Mt. Rainier from any residential zone or residential use in a mixed zone.
(6) Personal wireless service facilities are allowed in the HC zone only if fully camouflaged with no antenna apparent. Use in the HC zone shall coordinate with existing historic buildings and design, as determined by the design committee. (Ord. 01-13 § 11, 2013; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 6, 1999. Formerly 19.25.040).
19.25.060 Priority of locations.
The applicant shall be required to demonstrate that it is not feasible to utilize property in a higher priority than what is proposed. The order of priorities for locating new personal wireless service facilities shall be as follows:
(1) Place new fully camouflaged towers and antenna on public zoned properties on the north side of the city. For purposes of this subsection, “north” is understood to be north of a line generally drawn east-west along Fourth Avenue from Naches Street to McNeely Street, and then generally north of Collins Road to Levesque. Placement in this area does not include any area that would affect views of Mt. Rainier from residentially zoned property.
(2) Collocate facilities on existing structures and towers, or place new fully camouflaged towers on park lands adjacent to SR 410.
(3) Collocate telecommunication facilities on existing power poles, flag poles, buildings, within vegetation, or structures on or in public rights-of-way.
(4) Place facilities within areas that will not affect views of Mt. Rainier from residential properties. (Ord. 01-13 § 12, 2013; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 7, 1999. Formerly 19.25.050).
19.25.070 Siting requirements.
(1) Location of towers shall not interfere with transmission from an existing tower.
(2) Minimum Requirements. Placement of personal wireless service facilities on city-owned property must comply with the following requirements:
(a) The facilities will not interfere with the purpose for which the city-owned property is intended;
(b) The facilities will have no significant adverse environmental impacts on surrounding private property;
(c) The applicant is willing to obtain adequate liability insurance and commit to a lease agreement that includes equitable compensation for the use of public land and other necessary provisions and safeguards. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors;
(d) The applicant shall submit a performance bond, or other security acceptable to the city, to cover the costs of removing the facilities;
(e) The lease shall provide that the applicant must agree that in the case of a declared emergency, the city may require the applicant to remove the facilities at the applicant’s expense;
(f) The applicant shall reimburse the city for any reasonable costs which the city incurs because of the presence of the applicant’s facilities;
(g) The applicant shall obtain all necessary land use approvals; and
(h) The applicant shall cooperate with the city’s objective to encourage collocations and thus limit the number of cell sites requested, or camouflage the site.
(3) Special Requirements for Parks. The use of city-owned parks for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met:
(a) In no case shall personal wireless service facilities be allowed in designated environmentally sensitive areas (except aquifer recharge areas) unless they are collocated on existing facilities;
(b) Before personal wireless service facilities may be located in public parks, consideration shall be given to visual impacts and disruption of normal public use.
(4) Nothing in this section shall be construed as requiring the city to enter into a lease with any applicant and nothing shall be construed as restricting the city from requiring additional lease terms. (Ord. 01-13 § 13, 2013; Ord. 01-12 § 14, 2012; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 8, 1999. Formerly 19.25.060).
19.25.080 Required submittals.
Application for conditional use permits, building permits, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of the zoning code and other applicable regulations:
(1) Evidence of need for the personal wireless services facility being proposed.
(2) Photo simulations of the proposed facility from affected residential and nonresidential properties and public rights-of-way at varying distances.
(3) Architectural elevation drawings of the proposed antenna support structure showing proposed color and type of exterior materials, height, and how the structure would relate to existing and proposed site improvements.
(4) A landscape plan and an irrigation plan showing specific plant materials, design elements for screening of the facility, irrigation system, any proposed preservation of existing trees and vegetation and proposed color of the tower.
(5) An existing site plan showing existing features and land uses of the site and adjacent areas.
(6) A proposed site plan showing the location and type of antenna support structure, fencing, buffers, zoning, existing and proposed buildings, proposed means of access, setbacks from property lines and adjacent roadways within 100 feet of the installation site.
(7) A signed statement indicating that the applicant and/or landlord agrees to remove the facility within 180 days after abandonment.
(8) Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Part A 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
(9) A current map and aerial photo showing the location of the proposed antenna support structure; a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city; and documentation describing how the applicant has determined that the proposed site will fit into its overall network within the system.
(10) Legal description of the parcel, if applicable.
(11) The approximate distance between the proposed personal wireless services facility and the nearest dwelling unit and residential zoned property.
(12) Method of fencing and finished color, and the method of camouflage and illumination.
(13) A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal, state and local laws and regulations.
(14) A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 9, 1999. Formerly 19.25.070).
19.25.090 Collocation.
To minimize adverse visual impacts associated with the proliferation of towers, collocation of personal wireless service facilities on existing or new antenna support structures is encouraged as follows:
(1) Proposed new facilities are required to provide for collocation of future users. When existing towers are in the service area needed, collocation onto existing towers is required. Collocation must be accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this chapter. While collocation and the requirements herein are encouraged, collocation shall not take precedence over the construction of shorter towers with appropriate screening.
(2) The conditional use permit requirement for a facility may be waived in nonresidential zones if the applicant locates the antenna on a utility pole or an existing tower. Wireless service facilities on new or existing buildings shall require prior approval of a conditional use permit. The applicant must submit detailed plans to the planning and building department to determine if the conditional use permit process and public hearing can be waived. No building permit will be issued until a waiver is granted or a conditional use permit is obtained.
(3) The city may deny an application to construct new facilities if the applicant has not shown by substantial evidence that he/she has made a diligent effort to mount the facilities on an existing structure, building or tower.
(4) Provide documentation that the property owner is willing to lease ground space for another carrier.
(5) No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the city may require a third party technical study, at the expense of either or both parties, to resolve the dispute. The burden of proof shall remain with the applicant for demonstrating that collocation is not feasible. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 10, 1999. Formerly 19.25.080).
19.25.100 Design criteria.
(1) As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.
(2) Facilities shall be architecturally compatible with the surrounding buildings and land uses and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.
(a) Setback. A tower’s setback shall be measured from the closest point of the antenna or antenna support structure to the property line of the parcel on which it is located.
(i) Uncamouflaged towers shall provide a minimum setback of 50 feet from property boundaries.
(ii) Fully camouflaged towers shall meet the setbacks for the type of structure the camouflaged tower appears to be in the zone in which it is to be constructed.
(iii) All towers shall provide a safety “fall zone” from inhabited structures or provide sufficient information in the opinion of the city engineer to show that the proposed distance from inhabited structures is adequate.
(iv) Cabinets and other equipment shall comply with the required setbacks under the zone.
(v) Greater setbacks may be required if there are unusual geographical limitations, environmental concerns, or other public policy considerations as determined by the decision maker.
(vi) Cellular equipment on new or existing utility poles shall not be required to meet setback standards.
Such public policy considerations shall include, but are not limited to:
(i) Impact on adjacent properties;
(ii) Availability of alternate sites for personal wireless facilities; or
(iii) The extent to which screening and camouflaging will mitigate the effects of the personal wireless facilities.
(b) Right-of-Way Setback Exception. The setback requirement may be waived if either the antenna and/or antenna support structure are located in the city right-of-way.
(c) View Corridors. Due consideration shall be given so that placement of antenna support structures, antenna, and personal wireless service facilities do not obstruct or significantly diminish views of Mt. Rainier.
(d) Color. Uncamouflaged towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. For all towers, if the FCC or FAA requires special marking, then the applicant shall request dual mode lighting as an alternate to the marking requirement.
(e) Lights, Signals and Signs. No signals, lights, signs, banners or similar devices shall be permitted on towers or antennas unless provided pursuant to subsection (2)(d) of this section.
(f) Equipment Structures. Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment structures are as follows:
(i) The maximum floor area is 300 square feet per provider and the maximum height is 12 feet. Depending upon the aesthetics and other criteria as applicable, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures.
(ii) Ground level structures shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein.
(iii) Equipment enclosures mounted on a roof shall be screened or have a finish similar to the exterior building walls. Equipment enclosures for roof-mounted antenna may also be located within the building on which the antenna is mounted.
(iv) In instances where equipment structures are located in residential zones, equipment structures shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures.
(g) Federal Requirements. Failure to maintain towers and antennas in compliance with the current federal standards and regulations shall constitute grounds for the city to remove a provider’s facilities at the provider’s expense.
(h) Building Codes, Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time to time.
(i) Structural Design. Towers shall be constructed to the EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other standard industry practices. The plans shall be submitted and reviewed at the time building permits are requested.
(j) Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view.
(k) Tower and Antenna Height. The applicant shall demonstrate that the tower and antenna are the minimum height required to function satisfactorily.
(i) No uncamouflaged tower or antenna shall exceed 35 feet in height.
(ii) Fully camouflaged towers or antennas may be up to 75 feet in height.
(l) Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure or falling objects. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(m) Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city, unless it can be demonstrated that the use of on-street parking spaces will create less impact on the immediate neighborhood.
(n) Antennas on Above Ground Structures. An antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact. A wall-mounted antenna shall be as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must for technical reasons. In no event shall an antenna project more than six feet above the roof line including parapets. The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. The antenna and its support structure shall be designed to withstand a wind force of 90 miles per hour without the use of supporting guy wires except as provided in subsection (2)(o) of this section.
(o) Guy Wires Restricted. No guy or other support wires shall be used except when used to anchor an antenna, antenna array, or support structure to an existing building to which it is attached.
(p) Compliance with FCC Standards. No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. A copy of the current FCC license shall be provided to the city with the application. (Ord. 01-13 § 14, 2013; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 11, 1999. Formerly 19.25.090).
19.25.110 Permits required.
A permit is required for all telecommunication facilities.
(1) A conditional use permit shall be required for the following:
(a) Any structure or telecommunication structure or use provided by technology not addressed in this chapter.
(b) All fully camouflaged towers taller than 75 feet (e.g., flag pole or tree).
(2) A variance shall be required for any request that doesn’t comply with the regulations of this code (BMC and this chapter) and for which the use is not prohibited (i.e., listed as prohibited or stated as “shall not”).
(a) Applicants may seek variances to the requirements of this chapter to the extent authorized and consistent with Chapter 19.40 BMC. In the alternative, the hearing body is authorized to waive the requirements of this chapter to the minimum extent necessary to comply with conflicting federal or state regulations.
(b) The applicant has the burden to establish a conflict with federal and/or state regulations and in so doing is required to demonstrate no feasible alternative design and/or location is available to avoid the conflict.
(c) A conditional use permit is required for any such waiver and the proposed facility as a whole shall be required to meet all requirements for a conditional use permit.
(3) Failure to comply with any of the regulations of this chapter may result in the revocation of the permit granted for any project. (Ord. 01-13 § 15, 2013; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 12, 1999. Formerly 19.25.100).
19.25.120 Bonds required.
A landscape maintenance bond equal to 150 percent of the cost of the landscaping and irrigation installation is required for the first two growing seasons following the completion of the project. This bond must be provided prior to final inspection of the project. Bonding requirements shall comply with the city public works standards. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 13, 1999. Formerly 19.25.110).
19.25.130 Reporting requirements.
The city shall be notified within 60 days of any change in ownership of telecommunication facilities or change in any provider that is collocating on the same facilities. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 14, 1999. Formerly 19.25.120).
19.25.140 Landscaping and screening.
(1) Landscaping. Landscaping, as described in this section, shall be required to screen personal wireless service facilities as much as possible to soften the appearance of the cell site. Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the city.
(2) Screening. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and structures. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for, or as a supplement to, landscaping requirements. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the city’s sole discretion, they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.
The following landscaping and buffering shall be required around the perimeter of the tower and structures, except that the city may waive the standards for those sides of the facility that are not in public view:
(a) A screen of evergreen trees a minimum of six feet tall at planting and a maximum of six feet apart shall be planted around the perimeter of the fence.
(b) A continuous hedge at least 36 inches high at planting, capable of growing to at least 72 inches in height within 18 months, shall be planted in front of the tree line referenced above.
(c) In the event that landscaping is not maintained at the required level, the city, after giving 60 days’ advance written notice, may maintain or establish the landscaping and bill both the owner and lessee for such costs.
(3) Irrigation of all landscaped areas may be required in order to ensure that plants become well established and thrive. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 15, 1999. Formerly 19.25.130).
19.25.150 Nonuse and abandonment.
(1) Abandonment. No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the city by certified U.S. Mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city’s discovery of discontinuation of operation. Upon such abandonment, the provider shall have 180 days, or additional period of time determined in the reasonable discretion of the city, within which to:
(a) Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the facility (in which case the city shall be notified of the new provider).
(b) A reduction in the height of the antenna array on a tower shall require removal of that portion of the tower which has been abandoned. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment.
(c) Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within 180 days or additional period of time allowed by the city, the city may remove such tower, antenna, foundation, and related facility at the property owner’s expense. If there are two or more providers collocating on a facility, except as provided for in the paragraph above, this provision shall not become effective until all providers cease using the facility.
Upon completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 16, 1999. Formerly 19.25.140).
19.25.160 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may be needed to review the technical data submitted by a provider. The city may require such technical review as part of a permitting process. The costs of the technical review shall be borne by the provider.
The selection of the third party expert may be by mutual agreement between the provider and the city. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of the provider’s methodology and equipment used, and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the city may require changes to the provider’s application. The expert review shall address the following:
(1) The accuracy and completeness of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached;
(4) Any specific technical issues designated by the city; and
(5) The potential for utilization of satellites for wireless communication instead of the proposed cell tower facilities. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 §§ 2, 17, 1999. Formerly 19.25.150).
19.25.170 Eligible facilities requests.
(1) Definitions. The following special terms shall be used in this section:
(a) “Base station” is the structure or equipment that is at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. The base station includes, without limitation:
(i) Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”), and small wireless networks).
(iii) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this section, supports or houses equipment described in subsections (1)(a)(i) and (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
(b) “Eligible facilities request” means a request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
(c) An “eligible support structure” is any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city. The terms “tower,” “eligible support structure,” and “base station” do not include any structure that, at the time the eligible facilities request application is filed with the city, do not support or house equipment described in subsections (1)(a)(i) and (ii) of this section.
(d) Tower. Any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site.
(e) Transmission Equipment. Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(2) The director shall provide application forms for eligible facility requests.
(a) The application may not require the applicant to demonstrate a need or business case for the proposed modification.
(3) To be approved, the request must meet all of the following criteria:
(a) The definition of “base station.”
(b) The mounting or installation of transmission equipment is on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. An “eligible support structure” is any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city.
(c) On existing towers or base stations. The structure or equipment is to be located on existing, constructed towers or base stations; however, towers or base stations that are reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is considered existing for purposes of this definition.
(d) The eligible facilities request shall not cause substantial change to the physical dimensions of an eligible support structure, including any of the following:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements, as expressed in BMC 19.25A.090, of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.
(4) The request shall be processed as a Type A-1 permit, as modified herein.
(5) A decision shall be rendered within 60 days from the date of receipt.
(a) The application review shot clock begins upon receipt of application.
(b) The city shall review the request and determine whether it is covered under this section.
(c) The city shall within 30 days of receipt clearly and specifically delineate all missing documents or required information specified in the application.
(d) The application review shot clock shall resume upon submittal of supplemental information.
(e) The city shall within 10 days of the supplemental submission inform the applicant whether material is still missing.
(i) The shot clock is paused in the case of a second or subsequent notice of incompleteness.
(ii) Second or subsequent notices of incompleteness shall not specify missing documents or information that was not identified in the first notice.
(f) If the city fails to decide on the eligible facilities request within 60 days, the request is deemed granted.
(i) The deemed grant shall not be effective until the applicant notifies the city in writing after the review period expires (accounting for any tolling) that the application is deemed granted.
(6) If the city determines that the applicant’s request does not qualify as an eligible facilities request, the city shall deny the application. (Ord. 11-19 § 5, 2019).